by Louise Doyle
AN Bord Pleanála has upheld a decision by Donegal County Council to grant planning permission to change the use of the former Bank of Ireland building in Dungloe.
The proposed development had been appealed to the national independent planning body following right of way access concerns.
Donegal County Council granted the go-ahead to applicant Eighter Properties Ltd., for the change of use of the former bank building to a café and a bed and breakfast, along with connections to existing services. The permission, granted in October, had nine conditions attached.
An appeal was subsequently lodged by Pat Gallagher, of Quay Road, Dungloe. Mr Gallagher’s property is on the southern side and immediately adjacent to the planning application site.
In his correspondence to An Bord Pleanála, Mr Gallagher pointed out that he had no objection with the initial planning application, and for that reason he had no need to lodge an observation during that initial period.
However, when Donegal County Council requested further information from the applicant in relation to vehicular and bicycle parking, a recycling and collection area and a number of other items, concerns arose. In response to the request from planners, the applicant lodged a revised site plan.
“In doing so, he indicated there was a Right of Way, across my land, to serve as access to the now proposed car parking spaces to the rear of their building. This was a completely new inclusion on the planning file and something that was indicated outside of the redline planning application boundary,” wrote Mr Gallagher.
“It is outside of the legal ownership of the applicant, and at no point was a letter of consent sought or provided for a Right of Way. I feel that Donegal County Council made an error in not requesting confirmation regarding this Right of Way, especially as it fell outside of the application site.
“I did not give my permission, nor was I approached by the applicant Eighter Properties Ltd., to allow a Right of Way access on or across my property as is now being proposed. No established Right of Way exists through the alleyway between the two properties, and just for clarity, this alleyway is located entirely within my ownership. I have a gate which closes the alleyway when my building is not in use.”
Mr Gallagher added that aside from the ownership issue, the existing alleyway is very narrow, and is, in his opinion, very narrow and is not suitable for vehicles to pass through on a regular basis, which is now being proposed.
“I have a private car park to the rear of my building which has an independent vehicular access point from the public road at the rear. As a rule, I do not allow vehicles through the alleyway and only permit pedestrians to use it during business hours serving my property.”
Mr Gallagher said that the decision to grant planning permission “greatly depreciates the value of his property as the first-floor office units access door opens directly on to the alleyway”.
“If vehicles were to pass in such close proximity to the entrance door, I will not be able to safely use this office space. This is a huge safety concern to me and the tenants in the building.”
An Bord Pleanála has granted the planning permission, subject to 10 conditions. These include that the proposed development will be used solely for the purposes of a bed and breakfast, with associated ground floor café.
A Car Park and Cycle Park Management Plan for the area located at the rear of the building, with details of parking design, layout, materials, finishes, drainage markings and ongoing maintenance and management must be submitted to, and agreed in writing with, the planning authority prior to the commencement of the development.
No alterations shall be carried out to the front or side elevations or the front wall and associated railings without the prior consent of the planning authority.
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